1. Promotion and confirmation to a senior post — Challenge via writ petition — Effect of status quo orders on accrued rights. (Para 1 , 2 )
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1995 Supreme(SC) 1273
SUPREME COURT OF INDIA
B.N.Kirpal : Faizan Uddin : K.Ramaswamy
Narendra Nath Sinha
Versus
State Of U.P.
Case No. : .
Date of Decision : 12/5/95
Advocates Appeared: Chaturvedi Diwakar : Gupta Anil Kumar : Mishra R.B. : Sanghi A.K. : Shetye Narayan B. : Singh T.N.
Advocates:
A.K.Sanghi, ANIL GUPTA, DIVAKAR CHATURVEDI, Narayan B.Shetye, R.B.MISHRA, T.N.Singh
A.K.Sanghi, ANIL GUPTA, DIVAKAR CHATURVEDI, Narayan B.Shetye, R.B.MISHRA, T.N.Singh
Rights accrued to an employee through promotion and confirmation prior to the filing of a writ petition are preserved if those specific actions were not quashed, particularly when the court orders the maintenance of status quo regarding the employee's position.
Headnote:Constitution of India-Articles 226 & 136-Writ Petition to High Court-High Court ordering that any order passed in it would not affect any promotion or confirmation prior to filing of writ petition-Appeal to S.C.-Contesting respondent retiring -Status quo-Appellant was promoted and confirmed as executive engineer prior to W.P. filed in High Court-Whether entitled to continuance of said promotion and confirmation ? (Yes)-Govt. is directed to work out the rights of the appellant accordingly-Appeal accordingly disposed of. (Paras 2 & 3)
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2. Whether promotions and confirmations regularized prior to the filing of a writ petition are affected by subsequent judicial orders or status quo directions. (Para 1 , 2 )
3. Rights accrued prior to the filing of a writ petition are preserved if the underlying promotion and confirmation were not specifically quashed. (Para 2 )
4. Promotions and confirmations regularized prior to the filing of a writ petition remain valid unless specifically quashed by the court. (Para 2 )
5. Appeal disposed of — Rights accrued prior to the filing of the writ petition maintained — Government directed to work out rights accordingly. (Para 2 , 3 )
6. Does the filing of a writ petition automatically invalidate promotions and confirmations that occurred prior to the petition's filing?
No. If the promotion and confirmation were not specifically quashed, the rights accrued to the individual prior to the date of filing the writ petition continue to be available. (Para 2 )
7. What is the effect of a status quo order on a party's professional status pending appeal?
A status quo order ensures that the position and rights the party held prior to the court's order continue to be available, pending the final disposal of the matter. (Para 1 , 2 )
(1) IT is not necessary to go into the controversy raised in this appeal since the contesting respondents have already retired by attaining superannuation. This court while granting leave and admitting the appeal stated thus:
"STATUS quo pending disposal of the appeal as of today in the matter of reversion as a consequence of the judgment of the High court. Future promotions will be subject to the result of the appeal."
IN the judgment of the High court in the first part in paragraph 46, it was stated thus:
"WE would further like to clarify that any order that may be passed in these writ petitions should not effect any confirmation or substantive promotion made prior to the filing of the writ petitions."
In the ultimate paragraph of the. judgment a contrary opinion was expressed staling that any action taken prior to 29- 1 1-1979 was illegal.
(2) IT is stifled by the appellant that on his promotion as Executive Engineer on 12/7/1979 though initially on ad hoc basis, he was confirmed and regularised as an Executive Engineer on 30/6/1980. Writ Petition No. 2447 of 1980 came to be filed by V.N. Mittal on 29/9/1980. In view of the above facts and in view of the directions issued by this court the consequence would be that the status quo which the appellant had prior to the order passed by this court, would continue. The rights accrued to the appellant prior to the date of the filing of the writ petition would continue to be available to him, since his promotion and confirmation as such was not quashed. The government, therefore, would work out the rights of the appellant accordingly.
(3) THE appeal is accordingly disposed of. No costs.
